Ex parte TOYODA - Page 6




          Appeal No. 1998-2818                                                        
          Application 08/550,521                                                      


          decide the appeal on the merits notwithstanding the examiner’s              
          clear disregard for established office procedure in                         
          formulating her answer.                                                     





                                       Opinion                                        
               With reference to Figures 1 and 2, claim 1, the only                   
          independent claim on appeal, calls for a pull-on disposable                 
          diaper comprising a rectangular body (10), a first pair of                  
          expansible side panels (20, 20) and a second pair of                        
          expansible side panels (20’, 20’).  The side panels are                     
          separately formed of a material different from the material of              
          the topsheet (11) of the body.  Affixing means are provided                 
          for affixing the side panels to longitudinal sides of the body              
          means.  In addition, the side panels are joined to each other               
          to define a waist opening portion (15), a pair of leg openings              
          (17, 17’), and a body-surrounding portion (E).  Claim 1 also                
          calls for first elastic members (23, 23’) arranged on an area               
          (D) adjacent the waist opening portion and second elastic                   


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